# LANGUAGE translation of https://www.gnu.org/philosophy/sco/sco-v-ibm.html # Copyright (C) YEAR Free Software Foundation, Inc. # This file is distributed under the same license as the original article. # FIRST AUTHOR , YEAR. # #, fuzzy msgid "" msgstr "" "Project-Id-Version: sco-v-ibm.html\n" "POT-Creation-Date: 2021-10-07 22:26+0000\n" "PO-Revision-Date: YEAR-MO-DA HO:MI+ZONE\n" "Last-Translator: FULL NAME \n" "Language-Team: LANGUAGE \n" "Language: \n" "MIME-Version: 1.0\n" "Content-Type: text/plain; charset=CHARSET\n" "Content-Transfer-Encoding: 8bit\n" #. type: Content of: msgid "FSF Statement on SCO v. IBM - GNU Project - Free Software Foundation" msgstr "" #. type: Attribute 'content' of: <meta> msgid "FSF Statement on SCO v. IBM lawsuit" msgstr "" #. type: Attribute 'content' of: <meta> msgid "SCO, IBM, GPL, infringement, violation, FSF, GNU, Linux, freedom, software" msgstr "" #. type: Content of: <div><h2> msgid "FSF Statement on <cite>SCO v. IBM</cite>" msgstr "" #. type: Content of: <div><address> msgid "by Eben Moglen <a href=\"#moglen\"><sup>[*]</sup></a>" msgstr "" #. type: Content of: <div><p> msgid "<i>June 25, 2003</i>" msgstr "" #. type: Content of: <div><p> msgid "" "The lawsuit brought by the SCO Group against IBM has generated many requests " "for comment by FSF. The Foundation has refrained from making official " "comments on the litigation because only the plaintiff's allegations have " "been reported; comment on unverified allegations would ordinarily be " "premature. More disturbing than the lawsuit itself, however, have been " "public statements by representatives of SCO, which have irresponsibly " "suggested doubts about the legitimacy of free software overall. These " "statements require response." msgstr "" #. type: Content of: <div><p> msgid "" "SCO's lawsuit asserts that IBM has breached contractual obligations between " "the two companies, and also that IBM has incorporated trade secret " "information concerning the design of the Unix operating system into what SCO " "calls generally “Linux.” This latter claim has recently been " "expanded in extra-judicial statements by SCO employees and officers to " "include suggestions that “Linux” includes material copied from " "Unix in violation of SCO's copyrights. An allegation to this effect was " "contained in letters apparently sent by SCO to 1500 of the world's largest " "companies warning against use of free software on grounds of possible " "infringement liability." msgstr "" #. type: Content of: <div><p> msgid "" "It is crucial to clarify certain confusions that SCO's spokesmen have shown " "no disposition to dispel. In the first place, SCO has used " "“Linux” to mean “all free software,” or “all " "free software constituting a Unix-like operating system.” This " "confusion, which the Free Software Foundation warned against in the past, is " "here shown to have the misleading consequences the Foundation has often " "predicted. “Linux” is the name of the kernel most often used in " "free software systems. But the operating system as a whole contains many " "other components, some of them products of the Foundation's GNU Project, " "others written elsewhere and published under free software licenses; the " "totality is GNU, the free operating system on which we have been working " "since 1984. Approximately half GNU's components are copyrighted works of " "the Free Software Foundation, including the C-compiler GCC, the GDB " "debugger, the C library Glibc, the bash shell, among other essential parts. " "The combination of GNU and the Linux kernel produces the GNU/Linux system, " "which is widely used on a variety of hardware and which <em>taken as a " "whole</em> duplicates the functions once only performed by the Unix " "operating system." msgstr "" #. type: Content of: <div><p> msgid "" "SCO's confusing use of names makes the basis of its claims unclear: has SCO " "alleged that trade secrets of Unix's originator, AT&T—of which SCO " "is by intermediate transactions the successor in interest—have been " "incorporated by IBM in the kernel, Linux, or in parts of GNU? If the former, " "there is no justification for the broad statements urging the Fortune 1500 " "to be cautious about using free software, or GNU programs generally. If, on " "the other hand, SCO claims that GNU contains any Unix trade secret or " "copyrighted material, the claim is almost surely false. Contributors to the " "GNU Project promise to follow the Free Software Foundation's rules for the " "project, which specify—among other things—that contributors must " "not enter into non-disclosure agreements for technical information relevant " "to their work on GNU programs, and that they must not consult or make any " "use of source code from nonfree programs, including specifically Unix. The " "Foundation has no basis to believe that GNU contains any material about " "which SCO or anyone else could assert valid trade secret or copyright " "claims. Contributors could have made misrepresentations of fact in their " "copyright assignment statements, but failing willful misrepresentation by a " "contributor, which has never happened so far as the Foundation is aware, " "there is no significant likelihood that our supervision of the freedom of " "our free software has failed. The Foundation notes that despite the " "alarmist statements SCO's employees have made, the Foundation has not been " "sued, nor has SCO, despite our requests, identified any work whose copyright " "the Foundation holds—including all of IBM's modifications to the " "kernel for use with IBM's S/390 mainframe computers, assigned to the " "Foundation by IBM—that SCO asserts infringes its rights in any way." msgstr "" #. type: Content of: <div><p> msgid "" "Moreover, there are straightforward legal reasons why SCO's assertions " "concerning claims against the kernel or other free software are likely to " "fail. As to its trade secret claims, which are the only claims actually " "made in the lawsuit against IBM, there remains the simple fact that SCO has " "for years distributed copies of the kernel, Linux, as part of GNU/Linux free " "software systems. Those systems were distributed by SCO in full compliance " "with GPL, and therefore included complete source code. So SCO itself has " "continuously published, as part of its regular business, the material which " "it claims includes its trade secrets. There is simply no legal basis on " "which SCO can claim trade secret liability in others for material it widely " "and commercially published itself under a license that specifically " "permitted unrestricted copying and distribution." msgstr "" #. type: Content of: <div><p> msgid "" "The same fact stands as an irrevocable barrier to SCO's claim that " "“Linux” violates SCO's copyright on Unix source code. " "Copyright, as the United States Supreme Court has repeatedly emphasized, " "covers <em>expressions</em>, not <em>ideas</em>. Copyright on source code " "covers not how a program works, but only the specific language in which the " "functionality is expressed. A program written from scratch to express the " "function of an existing program in a new way does not infringe the original " "program's copyright. GNU and Linux duplicate some aspects of Unix " "functionality, but are independent bodies, not copies of existing " "expressions. But even if SCO could show that some portions of its Unix " "source code were copied into the kernel, the claim of copyright infringement " "would fail, because SCO has itself distributed the kernel under GPL. By " "doing so, SCO licensed everyone everywhere to copy, modify, and redistribute " "that code. SCO cannot now turn around and argue that it sold people code " "under GPL, guaranteeing their right to copy, modify and redistribute " "anything included, but that it somehow did not license the copying and " "redistribution of any copyrighted material of their own which that code " "contained." msgstr "" #. type: Content of: <div><p> msgid "" "In the face of these facts, SCO's public statements are at best misleading " "and irresponsible. SCO has profited handily from the work of free software " "contributors throughout the world. Its current public statement constitute " "a gross abuse of the principles of the free software community, by a " "participant who has employed all our work for its own economic benefit. The " "Free Software Foundation calls upon SCO to retract its ill-advised and " "irresponsible statements, and to proceed immediately to separate its " "commercial disagreements with IBM from its obligations and responsibilities " "to the free software community." msgstr "" #. type: Content of: <div><div><p> msgid "" "[*] Eben Moglen is General Counsel to FSF, and serves on its board of " "directors." msgstr "" #. TRANSLATORS: Use space (SPC) as msgstr if you don't have notes. #. type: Content of: <div> msgid "*GNUN-SLOT: TRANSLATOR'S NOTES*" msgstr "" #. type: Content of: <div><div><p> msgid "" "Please send general FSF & GNU inquiries to <a " "href=\"mailto:gnu@gnu.org\"><gnu@gnu.org></a>. There are also <a " "href=\"/contact/\">other ways to contact</a> the FSF. Broken links and " "other corrections or suggestions can be sent to <a " "href=\"mailto:webmasters@gnu.org\"><webmasters@gnu.org></a>." msgstr "" #. TRANSLATORS: Ignore the original text in this paragraph, #. replace it with the translation of these two: # #. We work hard and do our best to provide accurate, good quality #. translations. However, we are not exempt from imperfection. #. Please send your comments and general suggestions in this regard #. to <a href="mailto:web-translators@gnu.org"> # #. <web-translators@gnu.org></a>.</p> # #. <p>For information on coordinating and contributing translations of #. our web pages, see <a #. href="/server/standards/README.translations.html">Translations #. 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